Shaheen v. Webster Realty Associates

In an action to recover damages for personal injuries, etc., the *664plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (M. Carson, J.), dated January 30, 2004, as denied their motion for leave to enter judgment against the defendant upon its failure to appear or answer and granted that branch of the defendant’s cross motion which was to compel them to accept the answer.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion in denying the plaintiffs’ motion for leave to…